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IMMIGRATIon

 


Waivers and Appeals

At Premier Law PLC, our team of knowledgeable, experienced, and compassionate attorneys will work hard to keep the American dream alive.

If you’ve been ordered to leave the country, you have a right to an appeal of the immigration court’s decision. This appeal will be heard by an administrative body called the Board of Immigration Appeals, which is a 15-member panel, made up of judges within the US Department of Justice, that will review your case and render a decision. The board must actually receive your case within 30 days, counting weekends and holidays, from the date or the judge’s order.

Now more than ever, you need the assistance of a professional immigration appeals attorney to help you file your appeal properly. It is important that you stay in the US while your appeal is pending. If you leave your appeal will be cancelled. In addition to properly filling out an EOIR-26 Form, we will prepare and submit a brief that supports your case for staying in the country.


TN (Treaty NAFTA) Visa

A TN visa allows Canadian and Mexican citizens to work in the Unites States in certain professional occupations. Eligibility is met when i) the job offered is one of the professional occupations listed in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1, ii) that the job is “temporary,” and ii) the worker meets the educational and/or licensing requirements for the job.

Some of the jobs listed in Appendix 1602.d.1 include: accountants, architects, systems analysts, engineers, graphic designers, lawyers, management consultants, research physicians, social workers, dentists, chemists, and college teachers among others.


Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA)

Eligibility Requirements

  1. At least 18 years old;
  2. A lawful permanent resident of the United States;
  3. Residing “continuously” within the United States for at least five years as a lawful permanent resident (or at least three years if married to a United States citizen);
  4. Physically present within the United States for at least 30 months of the necessary five years preceding filing the application for naturalization (or physically present within the United States for at least 18 months of the necessary three years if applying based on marriage to a United States citizen);
  5. Residing within the State where they are applying for naturalization for at least three months prior to filing their application;
  6. Continuously residing within the United States from the date of application for naturalization up to the time of citizenship;
  7. A person of good moral character and have an attachment to the principles of the Constitution;
  8. Able to read, write, speak, and understand English; and
  9. Able to demonstrate a knowledge and understanding of the United States history and government.

While these 9 requirements apply to most people, exceptions to some of these requirements exist. For example, a person over 50 years old and has been a lawful permanent resident for at least 20 years may not have to take the English language test.


Fiancé Visas

U.S. citizens are eligible to file petitions for their partners to get fiance / fiancee visas to enter the United States for the purpose of marriage and permanent residence in the United States.

The K-1 fiance visa is a visa that allows a United States citizen to bring their foreign national fiancé into the United States for the purpose of getting married. The K-1 fiance visa is not a green card and does not otherwise entitle your fiancé to stay in the United States. To be sure, a K-1 visa allows your finance to enter the United States one time within six (6) months of its issuance.

Once your finance enters the U.S. you and your finance have a period of ninety (90) days to get married. Should you and your finance decide not to get married, your fiancé must leave the United States prior to the expiration of the 90-day period. If the marriage takes place, you and your spouse must immediately file an application for adjustment of status to adjust your new spouse’s status to that of a legal permanent resident.


The E2 Visa

The second category is referred to as the E2 visa. This visa is reserved for aliens who have an active and substantial investment in the United States that is not marginal. Although, E2 visas have been granted for investments as small as $50,000.00, the investment must be large enough to establish that it more than sufficient to merely support the alien and his family.


Family-based Immigrant Visas

Many United States citizens and lawful permanent residents wish to bring their family members to the United States. The immigration laws of the United States allow certain family members of United States citizens and lawful permanent residents to immigrate to the United States and obtain their “green card.” 

  • Parents, children (under 21 years of age), and spouses of United States citizens,
  • Unmarried children (21 years of age or older) of United States citizens,
  • Married children (regardless of their age) of United States citizens,
  • Brothers and sisters of adult United States citizens (United States citizens 21 years of age or older),
  • Spouses and children (under 21 years of age) of lawful permanent residents, and
  • Unmarried children (21 years of age or older) of lawful permanent residents.

Preparation of family-based immigrant visas involves the gathering of substantial documentation and each case presents its own unique challenges. Issues such as proving relationships, processing times, immigrant quotas, age requirements, affidavits of support, and the protections afforded by the enactment of the Child Status Protection Act can be confusing to those unfamiliar with the many intricacies of the immigration laws and regulations. With over 35 years of combined experience, our attorneys can help resolve these and other issues that may arise during the processing of family-based immigrant visas.